NY Car Accident Lawyer
If you’ve been injured in a car accident in New York State, our lawyers can help you get compensated for your injuries. Medical bills and lost wages in car accident claims are covered by No-Fault. We also handle motorcycle and truck accident cases.
Call us at 888-733-5299
There is no fee for car accident claims unless you collect.
We move car accident claims quickly. We contact the insurance company to see if the claim can be settled without suing. This happens when the injuries are severe and the other side has limited insurance. Usually the insurance company does not make a genuine offer, and we sue.
After a car accident lawsuit begins, we do 3-6 months of paperwork between lawyers. Then come depositions. Their lawyer will ask you about the car accident and your injuries. We will ask the other side about the accident.
Defense car accident lawyers may require an independent medical examination (IME). They hire a doctor to examine you, review records, and make a report. Some cases settle after depositions or the IME.
The next step in car accident lawsuits is trial. We pick a jury, tell them about the car accident and your injuries in opening statements. You and your doctors testify, and the defense witnesses also testify. Many car accident lawsuits settle during trial. If not, the jury renders a verdict.
Usually the biggest issue in car accident cases in New York is whether the injury qualifies as a “serious injury”. See below for more on that.
Call us at 888-733-5299
The Serious Injury Threshold in Car Accident Lawsuits
Car accident personal injury lawsuits for pain and suffering in New York are governed by Article 51 of the Insurance Law. To win a car accident lawsuit, you must show a “serious injury” under Insurance Law 5102(d). This generally applies if you were in a car while injured, or were a pedestrian or bicyclist hit by a car. It may NOT apply to people in motorcycle accident cases.
Certain injuries qualify easily, such as fractures. Other injuries, such as whiplash, are more complicated. The three major categories of serious injury in car accident lawsuits (there are others) are:
- Significant Limitation.
- Permanent Consequential Limitation Your doctor must describe your limitations and discuss how they affect your activities. Be sure to discuss with your doctor how your injuries affect your daily activities. Your doctor may have to explain how the car accident caused your injury and your limitations.
- “90/180” – If you miss 90 days of work in the 180 days following the car accident, on your doctor’s instruction, that usually qualifies. There are other ways to qualify, but that is the most common for this car accident serious injury category.
Our attorneys understand the serious injury threshold in car accident cases. We can help you make sure you get the right treatment to help you get better, and document that your injuries are serious for your car accident claim.
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NY Address: c/o DeLoach Law Firm, PO Box 634, Ballston Spa, NY 12020
Call us at 888-733-5299 or e-mail: email@example.com.